Opinion
November 4, 1985
Appeal from the Supreme Court, Nassau County (Molloy, J.).
Order modified, as a matter of discretion, by providing that as a further condition of the vacatur, the judgment shall stand as security pending the disposition of the action. As so modified, order affirmed, without costs or disbursements.
Special Term did not abuse its discretion in granting defendants' motion to open the default judgment entered against them. However, under the circumstances herein, we find that the judgment should stand as security pending the disposition of the action (see, e.g., Rooney Pace, Inc. v Braverman, 74 A.D.2d 555). Niehoff, J.P., Lawrence, Eiber and Kooper, JJ., concur.